GuyWithQuestions
Member
- Joined
- Jul 24, 2006
- Messages
- 451
There are a lot of laws out there. We're supposed to make sure we obey all laws. People say that you should go to a place like packing.org or handgunlaw.us and call up the state attorney general's office and ask about the laws. It seems like there are many ways you can get in serious trouble if you just miss one gun law, and it's your responsibility to know everything! So what if you call the attorney general's office of a certain state and they say one thing and then when you go to the state a law enforcement officer says it's another way and they arrest you? You only wanted self-defense and meant no harm!
I was thinking about possibly taping a call to a state's attorney general's office, and in the states where you're required to by law, tell them that I will be recording. Findlaw.com and my state law say that ignorance of fact is an excuse, unless it's a strict liability law; while ignorance of law is no excuse, unless law officials tell you something else and then you're still not out of trouble but judged on the other standard they gave you if you use that as a defense. Would showing my attorney general's phone recording possibly help in court?
As far as the legality on recording phone calls, I did some research at http://www.rcfp.org/taping/ and found information on the state and interstate laws in the U.S. on recording phone calls, with references, penal code, and court cases to back itself up. It points out that some states are one-party consent (just as long as it's not used for defaming, malicious, or criminal purposes) while others are all-party consent. If you're in a one-party consent state and are calling in the same state, then you only need your own consent if you're recording one of your phone conversations. If you're calling interstate from one state that's only one-party to another that's one-party consent state, then you can't get in trouble legally but the FCC requires your phone company to cut off your services if they find out. If I call a state, like California, that's a multi-party consent state, you have to let them know that you're recording.
My question is, do you think that calling a general attorney and recording could help you out later on? Do you think the general attorney's office would want to talk to you if you mention at the beginning that you'll be recording, or would they just be annoyed and tell you to spend money to get your own lawyer? Is there a better way to learn the laws of various states and back oneself up?
I was thinking about possibly taping a call to a state's attorney general's office, and in the states where you're required to by law, tell them that I will be recording. Findlaw.com and my state law say that ignorance of fact is an excuse, unless it's a strict liability law; while ignorance of law is no excuse, unless law officials tell you something else and then you're still not out of trouble but judged on the other standard they gave you if you use that as a defense. Would showing my attorney general's phone recording possibly help in court?
As far as the legality on recording phone calls, I did some research at http://www.rcfp.org/taping/ and found information on the state and interstate laws in the U.S. on recording phone calls, with references, penal code, and court cases to back itself up. It points out that some states are one-party consent (just as long as it's not used for defaming, malicious, or criminal purposes) while others are all-party consent. If you're in a one-party consent state and are calling in the same state, then you only need your own consent if you're recording one of your phone conversations. If you're calling interstate from one state that's only one-party to another that's one-party consent state, then you can't get in trouble legally but the FCC requires your phone company to cut off your services if they find out. If I call a state, like California, that's a multi-party consent state, you have to let them know that you're recording.
My question is, do you think that calling a general attorney and recording could help you out later on? Do you think the general attorney's office would want to talk to you if you mention at the beginning that you'll be recording, or would they just be annoyed and tell you to spend money to get your own lawyer? Is there a better way to learn the laws of various states and back oneself up?